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This study uses legal reasoning from federal court cases as a framework through which to examine the issue of the faculty gender pay gap. Fifth Circuit decisions suggest gendered salary distributions reflect a sexist market, yet academic salary studies often use human capital approaches that legitimize the gendered hierarchizing of disciplines and faculty thus delegitimizing the experiences of female faculty. I analyze faculty salary data from a large (unionized) public doctoral university in a large metropolitan area using ANOVA and OLS regression to test the significance of the gender saturation of departments (percent male or female of the departmental faculty) in determining salary. Preliminary findings indicate a statistically significant gender gap (>10%) when gender-saturated departments are included in the regression.